Q: My wife was involved in a accident. 3 /23.waited for the police report and it determined that the other party was at fau
Faultmy wife was injured broken bones bruises both cars sustained major damage. The driver that hit my wife was not insured but the car she was driving was(not her car) but my attorney tells me that they are not going to pay for the damage. Why not
A:
Under California law, insurance coverage typically follows the vehicle, not the driver. Since the car the other driver was using was insured, you might expect that the insurance policy would cover the damages. However, there could be exclusions or specific terms in the policy that prevent it from covering the accident.
One common issue is that the insurance policy may exclude coverage if the driver did not have permission to use the car, or if the driver was explicitly excluded from the policy. Another possibility is that the policy might have a clause that limits coverage when the driver is not listed on the insurance.
It's also possible that the insurance company is disputing liability or the extent of coverage. If your attorney tells you that they are not going to pay, ask for a detailed explanation. Understanding the specific reasons will help you decide on your next steps, which could include challenging the insurance company's decision or exploring other avenues for compensation, such as uninsured motorist coverage on your own policy.
Tim Akpinar agrees with this answer
A: that, is an excellent question for your attorney. If you cannot maintain that basic level of communication with him/her, then I suggest having a meeting with said attorney to improve communication. Either it is a coverage issue, i.e. the carrier is claiming driver was excluded, thus the policy was not in effect, or they are contesting liability. Either way, you're going to need to work together with your counsel.
Tim Akpinar agrees with this answer
A: My colleagues are correct in that it could be a coverage or liability-based denial. Some of the options include exploring UM coverage or your attorney evaluating the basis for filing suit, based on additional details. Good luck
A: I hope your wife and others in the accident are okay. If there is insurance for the other vehicle, it's possible you may need to place the matter into suit. If there is NO insurance, then you could check your own policy for its UM (uninsured motorist) protection. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
